Township of Lehigh, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lehigh as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1992 by Ord. No. 1992-1]

§ A185-1 Short title.

This ordinance shall be known and may be cited as the "Twin County Television Franchise Ordinance."

§ A185-2 Definitions.

For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CABLE TELEVISION SYSTEM or SYSTEM
A system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the said Township.
COMPANY
The grantee of rights under this ordinance awarding a franchise.
GROSS SUBSCRIBER REVENUES
Those revenues received by the company from monetary shares of any character whatsoever, including donations, contributions, dues, membership fees or service charges (whether periodical or otherwise) charged or paid in any manner from and by the general public, directly or indirectly, for the privilege of receiving any television signal or electronic impulse which is transmitted through the cables or wires of the cable television system of the company which pass on, over, under or along the streets, alleys and public ways of the Township and which are paid by the subscribers/residents located within the said Township. Gross subscriber revenues shall not include the revenues received by the company as installation charges and shall not include fees for reconnections, inspections, repairs or modifications of any installations or fees from advertising.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Lehigh in the County of Northampton and State of Pennsylvania.

§ A185-3 Qualifications of grantee and grant of authority.

A public hearing concerning the application for the franchise herein granted to the company was held on July 2, 1992, at the Municipal Building. Public notice of said hearing was given in the The Morning Call, a local newspaper, which notice invited interested parties to participate in said hearing and comment upon the legal, financial, technical and other qualifications of the company to operate a cable television system in the Township. Said hearing having been held on the date and place stated hereinabove, and said hearing having been fully open to the public, and the Township having received at said hearing all comments regarding the qualifications of the company to receive this franchise, the Township hereby finds that the company possesses the necessary legal, technical, financial and other qualifications and that the company's construction arrangements are adequate and feasible, and that, therefore, the Township hereby grants to the company a nonexclusive franchise, right and privilege, subject to the provisions of existing Township ordinances pertaining to streets and roads, other ordinances and resolutions of the Township and the Federal Communications Commission Rules and Regulations, to construct, erect, operate, modify and maintain in, upon, along, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in and of the Township, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Township of cable television system for the purpose of distributing television and radio signals and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth, and does not confer any exemption from federal, state or local taxes. The term of this grant of authority shall commence on the date hereof, and shall continue for a period of 15 years from the date that the cable television system is operable, and shall renew for additional ten-year periods thereafter.

§ A185-4 Local, state and federal regulations.

The franchise so granted to the company herein shall remain subject always to the ordinances, resolutions, rules and regulations of this Township, the Pennsylvania Public Utilities Commission (where applicable), the Federal Communications Commission, the Cable Communications Policy Act of 1984, and all and any other local, state and federal rules and regulations that may be applicable. Specifically, the company shall, at all times; comply with the rules and regulations governing the CATV operations promulgated by the FCC, as so modified in the future. This shall include adherence by the company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV system and signal carriage therein. Nothing herein contained shall be so construed as to diminish or limit or void any other franchise heretofore or hereafter ordained and effective prior to or after the passage of this ordinance.

§ A185-5 Payments to Township.

The company shall, for and in consideration of the privileges and rights granted herein, during each year of operation under this franchise, pay to the Township 5% of the annual gross subscriber revenues received by the company as herein defined. The said payment shall be made annually. At the time of this annual payment, the company shall furnish the Township with an operating report showing the company's annual gross subscriber revenues during the preceding year and such other information as the Township shall reasonably require with respect to the company's services within the Township for such period. The 5% rate may be increased by subsequent resolution of the Township, subject to FCC regulations governing the same.

§ A185-6 Records and reports.

The company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying by the Township Director of Public Services or his authorized representative at all reasonable times.

§ A185-7 Rates.

All rates for service shall be reasonable, compensatory and nondiscriminatory. All and any reasonable and justifiable rate increases effected by the company shall not be unreasonably or arbitrarily opposed by the Township.

§ A185-8 Liability and indemnification.

The company shall pay, and by its acceptance of this franchise the company expressly agrees that it will pay, all damages and penalties which the Township may legally be required to pay as a result of the company's installation, operation or maintenance of the cable television system authorized herein. The company further agrees as follows:
A. 
Company shall carry workmen's compensation insurance, with statutory limits, and employer's liability insurance with coverage of at least $100,000, which shall cover all operations to be performed by company as a result of this ordinance;
B. 
Company shall carry comprehensive general liability and comprehensive automobile liability insurance with bodily injury coverage of at least $100,000 per occurrence and property damage coverage of at least $300,000 per occurrence;
C. 
Company's workmen's compensation, comprehensive general liability and comprehensive automobile liability insurance shall be written by an insurance company with a capital and/or surplus of at least $3,000,000 and company agrees to furnish Township with certified copies or certificates of insurance of said policies, which shall provide that said insurance may not be canceled unless 10 days prior notice thereof is given by the insurance carrier to the Township.

§ A185-9 System construction, maintenance and procedures.

A. 
Upon grant of this franchise to construct and maintain a community television system in the Township, the company may enter into contracts with any light, gas and water and sewer divisions of the Township, any public utilities companies or any other owner or lessee of any utility pole located within or without the Township to whatever extent such contract or contracts may be expedient and of advantage to the company for use of poles and posts necessary for proper installation of the system, obtain right of way permits from appropriate Township, state, county and federal officials necessary to cross highways or roads under the respective jurisdictions to supply main trunk lines from the company's receiving antennas, obtain permission from the Federal Aviation Authority to erect and maintain antennas suitable to the needs of the system and its subscribers and obtain whatever other permits a Township, county, state or federal agency may require. In the construction, installation and maintenance of its system, the company will use steel, cable and electronic devices, all of specialized and advanced design and type, in the operation of its system, the company will employ personnel with training, skill and experience in electronics and communications. It is understood, under FCC regulations, that such material and personnel may not be available to the company for its system in the event of a war or other similar national emergency.
B. 
The company's system, poles, wires, appurtenances and all other of its equipment and facilities shall conform to Township ordinances, the National Electric Code, the Pennsylvania Public Utility Commission and the FCC and shall be so located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the Township may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
C. 
In the event that the Township shall annex further territory as authorized by law or new areas of the Township are developed, the company shall extend energized trunk cable to these portions of the Township within one year thereafter, unless additional time is granted by the Board of Supervisors upon request of the company for good cause shown. Extension of service shall not be required into any area which does not meet the requirement set forth in § A185-10 of this franchise ordinance.
D. 
All transmission and distribution structures, lines and equipment erected by the company within the Township shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.
E. 
In case of any disturbance of pavement, sidewalk, lawn, driveway or other surfacing, the company shall, at its own cost and expense, in a manner approved by the Township and as set in the Township ordinance, replace and restore all paving, sidewalk, driveway, lawn or surface of any street or alley disturbed, in as reasonably good condition as before said work was commenced.
F. 
In the event that at any time during the period of this franchise the Township shall lawfully elect to alter or change the grade of the street, alley or other public way, the company, upon reasonable notice by the Township, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
G. 
The company shall not place poles or other fixtures where the same will interfere with gas, electric, sewer or telephone fixtures, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such manner as not to interfere with the usual travel on said streets, alleys and public ways.
H. 
The company shall, on the request of any person holding a building moving permit, issued by the Township, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
I. 
The company shall, subject to the Township Shade Tree Commission rules, have the authority to trim trees, upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with the wires and cables of the company, all trimming to be done under the supervision and direction of the Township and at the expense of the company.
J. 
The company shall provide, upon request and without charge, basic service to any municipal buildings owned and operated by the Township and to any public or parochial school located within the Township by providing an energized cable to such building for basic service. The cost of any internal wiring shall be borne by the institution. If the Township fire alarms or emergency communications systems can make use of the cable system without interference with company's usage such use shall be permitted free of charge.

§ A185-10 Line extensions.

A. 
It shall be the obligation of company to serve all residents of the Township except to the extent that a lack of density of homes, adverse terrain or other factors render providing service impracticable, technically infeasible or economically noncompensatory. For purposes of determining compliance with the provisions of this section, and to provide for a reasonable and nondiscriminatory policy governing extensions of cable service within the Township, which policy was subject to public review in the public proceeding leading to the award of this franchise, company shall extend service to such new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions:
(1) 
Where the new subscriber, or nearest subscriber or a group of new subscribers, is located within 500 feet of existing trunk cable; and
(2) 
Where the number of homes to be passed by such new extension cable plant bears the same proportionable ratio to the total amount of new cable plant as the average number of homes passed per mile of existing cable plant.
B. 
The company may make reasonable charges to the residents for the cost of line extensions and may impose reasonable conditions on any requested line extension.

§ A185-11 Company rules and regulations.

The company shall have the authority to promulgate such reasonable rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of federal and state laws.

§ A185-12 Procedures.

No increase in rates and charges nor changes in procedure shall be effective except pursuant to a public notice 60 days prior thereto. The company shall be a party to any proceedings in which its rights, privileges or interests would be affected and shall be fully entitled to such due process rights as may be available under applicable laws, ordinances, rules or regulations, especially the Cable Communications Policy Act of 1984.

§ A185-13 Approval of transfer.

The company shall not sell or transfer its system to another company, person or any other entity, not transfer any of its rights, duties, privileges or obligations under this franchise without written approval by the Township, provided, that such approval shall not be unreasonably withheld if the vendee, assignee or lessee of the company has filed with the appropriate official of the Township an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this franchise and agreeing to perform all conditions thereof.

§ A185-14 Franchise ordinance costs.

Company shall pay to the Township a sum of money sufficient to reimburse for the expense incurred by it in connection with the publication, preparation and passage of this ordinance and the rights granted to company hereunder. Such payment shall be made by company to the Township within 30 days after the Township shall furnish company with a written statement of such expense.

§ A185-15 Activities prohibited.

A. 
The company shall not allow its cable or other operations to interfere with television reception of persons not served by the company, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the Township;
B. 
The company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage;
C. 
No landlord shall charge tenants a rate, as rental or otherwise, for such cable television service in excess of the rate being charged by the company for comparable service to single-family homes.

§ A185-16 Revocation.

A. 
For the purpose of compelling compliance with their grant and franchise, and to secure efficiency of public service at reasonable rates, and the maintenance of the community cable system in good condition during the full term of the grant, it is provided that:
(1) 
Upon failure of the company or its successors or assigns to comply with any of the provisions of the grant; or
(2) 
Upon default by the company in any of its obligations hereunder, except for causes beyond the reasonable control of the company, then upon the failure of the company within 30 days after written notice from the municipality, to commence, and within a reasonable time, complete the correction of such default or noncompliance, the Township shall have the right to revoke and declare terminated this ordinance and all rights of the company hereunder. In the event the company shall be adjudged bankrupt or placed in receivership, the Township may declare the special rights granted herein to be forfeited and terminated. It is understood that during the reasonable interim period while transfer of the system is being arranged, such period being no less than six months and no greater than 24 months, the company shall be required to continue service to the public as a trustee for its successors in interest, subject to an accounting for net earnings or losses during the interim period which are applicable to the company's operation in the Township.
B. 
The company shall at its own expense and cost promptly remove or cause to be removed from the streets, alleys and public ways of the Township, and from all public property all of the wires, poles and installations of any kind or nature whatsoever which have been installed under the authority of this franchise upon the revocation or termination of this franchise, or the cessation of operation under this franchise by the company, its successors and assigns. In the event of such removal, company shall restore the streets or other area from which such property has been removed to a condition satisfactory to the Township. Any property of company permitted by the Township to be abandoned in place, shall be abandoned only in such manner as the Township may prescribe.

§ A185-17 Acceptance.

The company shall indicate its acceptance of the terms of this ordinance and the granting of this franchise within 30 days after it receives notification of its adoption, which notice shall be given to the company by the Township Solicitor, by certified mail, return receipt requested, with a certified copy of this ordinance enclosed herewith.

§ A185-18 Noncompliance.

If the Township discovers that the company has engaged in pronounced and continuous violations of the terms and provisions of this ordinance and/or of any other applicable local, state or federal regulations, the Township may file the appropriate action against the company in a court of competent jurisdiction, seeking monetary damages, equitable relief and/or any other appropriate remedy, including, but not limited to, the revocation of the franchise herein granted.

§ A185-19 Separability.

A. 
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
B. 
Should any provision of this franchise be inconsistent or at variance with any rule, regulation or policy, in whole or in part, of the Federal Communications Commission or any other agency having jurisdiction, such provision shall be invalid, but the remaining provisions hereof shall not be affected thereby.
[Adopted 7-2-1992 by Ord. No. 1992-2]

§ A185-20 Short title.

This ordinance shall be known and may be cited as the "Blue Ridge Cable Television Franchise Ordinance."

§ A185-21 Definitions.

For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CABLE TELEVISION SYSTEM or SYSTEM
A system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the said Township.
COMPANY
The grantee of rights under this ordinance awarding a franchise.
GROSS SUBSCRIBER REVENUES
Those revenues received by the company from monetary shares of any character whatsoever, including donations, contributions, dues, membership fees or service charges (whether periodical or otherwise) charged or paid in any manner from and by the general public, directly or indirectly, for the privilege of receiving any television signal or electronic impulse which is transmitted through the cables or wires of the cable television system of the company which pass on, over, under or along the streets, alleys and public ways of the Township and which are paid by the subscribers/residents located within the said Township. Gross subscriber revenues shall not include the revenues received by the company as installation charges and shall not include fees for reconnections, inspections, repairs or modifications of any installations or fees from advertising.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Lehigh in the County of Northampton and State of Pennsylvania.

§ A185-22 Qualifications of grantee and grant of authority.

A public hearing concerning the application for the franchise herein granted to the company was held on July 2, 1992, at the Municipal Building. Public notice of said hearing was given in the The Morning Call, a local newspaper, which notice invited interested parties to participate in said hearing and comment upon the legal, financial, technical and other qualifications of the company to operate a cable television system in the Township. Said hearing having been held on the date and place stated hereinabove, and said hearing having been fully open to the public, and the Township having received at said hearing all comments regarding the qualifications of the company to receive this franchise, the Township hereby finds that the company possesses the necessary legal, technical, financial and other qualifications and that the company's construction arrangements are adequate and feasible, and that, therefore, the Township hereby grants to the company a nonexclusive franchise, right and privilege, subject to the provisions of existing Township ordinances pertaining to streets and roads, other ordinances and resolutions of the Township and the Federal Communications Commission Rules and Regulations, to construct, erect, operate, modify and maintain in, upon, along, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in and of the Township, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Township of cable television system for the purpose of distributing television and radio signals and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth, and does not confer any exemption from federal, state or local taxes. The term of this grant of authority shall commence on the date hereof, and shall continue for a period of 15 years from the date that the cable television system is operable, and shall renew for additional ten-year periods thereafter.

§ A185-23 Local, state and federal regulations.

The franchise so granted to the company herein shall remain subject always to the ordinances, resolutions, rules and regulations of this Township, the Pennsylvania Public Utilities Commission (where applicable), the Federal Communications Commission, the Cable Communications Policy Act of 1984, and all and any other local, state and federal rules and regulations that may be applicable. Specifically, the company shall, at all times, comply with the rules and regulations governing the CATV operations promulgated by the FCC, as so modified in the future. This shall include adherence by the company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV system and signal carriage therein. Nothing herein contained shall be so construed as to diminish or limit or void any other franchise heretofore or hereafter ordained and effective prior to or after the passage of this ordinance.

§ A185-24 Payments to Township.

The company shall, for and in consideration of the privileges and rights granted herein, during each year of operation under this franchise, pay to the Township, 5% of the annual gross subscriber revenues received by the company as herein defined. The said payment shall be made annually. At the time of this annual payment, the company shall furnish the Township with an operating report showing the company's annual gross subscriber revenues during the preceding year and such other information as the Township shall reasonably require with respect to the company's services within the Township for such period. The 5% rate may be increased by subsequent resolution of the Township, subject to FCC regulations governing the same.

§ A185-25 Records and reports.

The company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying by the Township Director of Public Services or his authorized representative at all reasonable times.

§ A185-26 Rates.

All rates for service shall be reasonable, compensatory and nondiscriminatory. All and any reasonable and justifiable rate increases effected by the company shall not be unreasonably or arbitrarily opposed by the Township.

§ A185-27 Liability and indemnification.

The company shall pay, and by its acceptance of this franchise the company expressly agrees that it will pay, all damages and penalties which the Township may legally be required to pay as a result of the company's installation, operation or maintenance of the cable television system authorized herein. The company further agrees as follows:
A. 
Company shall carry workmen's compensation insurance, with statutory limits, and employer's liability insurance with coverage of at least $100,000, which shall cover all operations to be performed by company as a result of this ordinance;
B. 
Company shall carry comprehensive general liability and comprehensive automobile liability insurance with bodily injury coverage of at least $100,000 per occurrence and property damage coverage of at least $300,000 per occurrence;
C. 
Company's workmen's compensation, comprehensive general liability and comprehensive automobile liability insurance shall be written by an insurance company with a capital and/or surplus of at least $3,000,000 and company agrees to furnish Township with certified copies or certificates of insurance of said policies, which shall provide that said insurance may not be canceled unless 10 days prior notice thereof is given by the insurance carrier to the Township.

§ A185-28 System construction, maintenance and procedures.

A. 
Upon grant of this franchise to construct and maintain a community television system in the Township, the company may enter into contracts with any light, gas and water and sewer divisions of the Township, any public utilities companies or any other owner or lessee of any utility pole located within or without the Township to whatever extent such contract or contracts may be expedient and of advantage to the company for use of poles and posts necessary for proper installation of the system, obtain right of way permits from appropriate Township, state, county and federal officials necessary to cross highways or roads under the respective jurisdictions to supply main trunk lines from the company's receiving antennas, obtain permission from the Federal Aviation Authority to erect and maintain antennas suitable to the needs of the system and its subscribers and obtain whatever other permits a Township, county, state or federal agency may require. In the construction, installation and maintenance of its system, the company will use steel, cable and electronic devices, all of specialized and advanced design and type, in the operation of its system, the company will employ personnel with training, skill and experience in electronics and communications. It is understood, under FCC regulations, that such material and personnel may not be available to the company for its system in the event of a war or other similar national emergency.
B. 
The company's system, poles, wires, appurtenances and all other of its equipment and facilities shall conform to Township ordinances, the National Electric Code, the Pennsylvania Public Utility Commission and the FCC and shall be so located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the Township may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
C. 
In the event that the Township shall annex further territory as authorized by law or new areas of the Township are developed, the company shall extend energized trunk cable to these portions of the Township within one year thereafter, unless additional time is granted by the Board of Supervisors upon request of the company for good cause shown. Extension of service shall not be required into any area which does not meet the requirement set forth in § A185-29 of this franchise ordinance.
D. 
All transmission and distribution structures, lines and equipment erected by the company within the Township shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.
E. 
In case of any disturbance of pavement, sidewalk, lawn, driveway or other surfacing, the company shall, at its own cost and expense, in a manner approved by the Township and as set in the Township ordinance, replace and restore all paving, sidewalk, driveway, lawn or surface of any street or alley disturbed, in as reasonably good condition as before said work was commenced.
F. 
In the event that at any time during the period of this franchise the Township shall lawfully elect to alter or change the grade of the street, alley or other public way, the company, upon reasonable notice by the Township, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
G. 
The company shall not place poles or other fixtures where the same will interfere with gas, electric, sewer or telephone fixtures, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such manner as not to interfere with the usual travel on said streets, alleys and public ways.
H. 
The company shall, on the request of any person holding a building moving permit, issued by the Township, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
I. 
The company shall, subject to the Township Shade Tree Commission rules, have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with the wires and cables of the company, all trimming to be done under the supervision and direction of the Township and at the expense of the company.
J. 
The company shall provide, upon request and without charge, basic service to any municipal buildings owned and operated by the Township and to any public or parochial school located within the Township by providing an energized cable to such building for basic service. The cost of any internal wiring shall be borne by the institution. If the Township fire alarms or emergency communications systems can make use of the cable system without interference with company's usage such use shall be permitted free of charge.

§ A185-29 Line extensions.

A. 
The company shall extend its lines from the present cable termination under the following terms and conditions:
(1) 
Overhead construction.
(a) 
Under 10 subscribers per mile (with little or no future growth): $0.60 per foot with no footage allowance.
(b) 
Ten to 30 subscribers per mile: $0.40 per foot in excess of 175 feet per subscriber allowance.
(c) 
Over 30 subscribers per mile: no excess construction charges.
(2) 
Underground construction.
(a) 
Trench and backfill by subscriber or developer is to be to company's specifications: overhead construction rates shall apply.
(b) 
Trench or plow by the company.
[1] 
Under 120 subscribers per mile: $2.30 per foot in excess of 44 feet per subscriber, see rock clause (c).
[2] 
Over 120 subscribers per mile: no charge except see rock clause in Subsection A(2)(b)[3].
[3] 
In the case of soil conditions where company cannot plow or trench, an outside contractor may be engaged with all charges to the subscribers.
(3) 
Rates may be changed by the company without notice due to increased costs or unusual circumstances.
B. 
Conditions.
(1) 
There will be no recalculation or refund as subscribers are added.
(2) 
Application for service may be made through company's local office or company's engineering department.
(3) 
In the case of multiple subscriber requests, a lead petitioner shall circulate and provide a petition signed by all the requesting subscribers.
(4) 
Ample time shall be allowed between initiation of a petition and completion of a line extension for reasons such as acquiring rights of way where needed, location, pole clearances, construction, placing of equipment, electrical installations and inspection, splicing, balancing of lines, etc.
(5) 
All petitioners shall pay installation charges and monthly charges in advance as required by tariff.
(6) 
Excess construction charges may be charged over and above normal installation charges.
(7) 
Pole rentals. At the option of the company an additional charge for excess pole rental charges may be negotiated and/or required by the company to be added monthly to the billing.
(8) 
Once a line is built by petition procedures there shall be no future charges to other existing buildings along the way and there will be no refunds if other subscribers are connected to this portion or extension of the line.
(9) 
The construction charges must be agreed to by the subscriber or petitioners and paid upon completion. Construction cost forms shall be provided to lead petitioner by company and must be completed and returned to company's engineering department.
(10) 
Prices and/or conditions may be changed by the company without notice due to increased costs or unusual circumstances.

§ A185-30 Company rules and regulations.

The company shall have the authority to promulgate such reasonable rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable to company to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of federal and state laws.

§ A185-31 Procedures.

Company agrees to send written notice of any rate increase 30 days in advance of the effective date thereof. This is not to be interpreted as affording the municipality the right to effect any such increase unless such right is specifically provided by law be a party to any proceedings in which its rights, privileges or interests would be affected and shall be fully entitled to such due process rights as may be available under applicable laws, ordinances, rules or regulations, especially the Cable Communications Policy Act of 1984.

§ A185-32 Approval of transfer.

The company shall not sell or transfer its system to another company, person or any other entity, not transfer any of its rights, duties, privileges or obligations under this franchise without written approval by the Township, provided, that such approval shall not be unreasonably withheld if the vendee, assignee or lessee of the company has filed with the appropriate official of the Township an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this franchise and agreeing to perform all conditions thereof.

§ A185-33 Franchise ordinance costs.

Company shall pay to the Township a sum of money sufficient to reimburse for the expense incurred by it in connection with the publication, preparation and passage of this ordinance and the rights granted to company hereunder. Such payment shall be made by company to the Township within 30 days after the Township shall furnish company with a written statement of such expense.

§ A185-34 Activities prohibited.

A. 
The company shall not allow its cable or other operations to interfere with television reception of persons not served by the company, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the Township;
B. 
The company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage;
C. 
No landlord shall charge tenants a rate, as rental or otherwise, for such cable television service in excess of the rate being charged by the company for comparable service to single-family homes.

§ A185-35 Revocation.

A. 
For the purpose of compelling compliance with their grant and franchise, and to secure efficiency of public service at reasonable rates, and the maintenance of the community cable system in good condition during the full term of the grant, it is provided that:
(1) 
Upon failure of the company or its successors or assigns to comply with any of the provisions of the grant; or
(2) 
Upon default by the company in any of its obligations hereunder, except for causes beyond the reasonable control of the company, then upon the failure of the company within 30 days after written notice from the municipality, to commence, and within a reasonable time, complete the correction of such default or noncompliance, the Township shall have the right to revoke and declare terminated this ordinance and all rights of the company hereunder. In the event the company shall be adjudged bankrupt or placed in receivership, the Township may declare the special rights granted herein to be forfeited and terminated. It is understood that during the reasonable interim period while transfer of the system is being arranged, such period being no less than six months and no greater than 24 months, the company shall be required to continue service to the public as a trustee for its successors in interest, subject to an accounting for net earnings or losses during the interim period which are applicable to the company's operation in the Township.
B. 
The company shall at its own expense and cost promptly remove or cause to be removed from the streets, alleys and public ways of the Township, and from all public property all of the wires, poles and installations of any kind or nature whatsoever which have been installed under the authority of this franchise upon the revocation or termination of this franchise, or the cessation of operation under this franchise by the company, its successors and assigns. In the event of such removal, company shall restore the streets or other area from which such property has been removed to a condition satisfactory to the Township. Any property of company permitted by the Township to be abandoned in place, shall be abandoned only in such manner as the Township may prescribe.

§ A185-36 Acceptance.

The company shall indicate its acceptance of the terms of this ordinance and the granting of this franchise within 30 days after it receives notification of its adoption, which notice shall be given to the company by the Township Solicitor, by certified mail, return receipt requested, with a certified copy of this ordinance enclosed herewith.

§ A185-37 Noncompliance.

If the Township discovers that the company has engaged in pronounced and continuous violations of the terms and provisions of this ordinance and/or of any other applicable local, state or federal regulations, the Township may file the appropriate action against the company in a Court of competent jurisdiction, seeking monetary damages, equitable relief and/or any other appropriate remedy, including, but not limited to, the revocation of the franchise herein granted.

§ A185-38 Separability.

A. 
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
B. 
Should any provision of this franchise be inconsistent or at variance with any rule, regulation or policy, in whole or in part, of the Federal Communications Commission or any other agency having jurisdiction, such provision shall be invalid, but the remaining provisions hereof shall not be affected thereby.